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When french shoemaker christian louboutin tried to http://vitadicorsa.vpost.it/2015/ralph-lauren-uomo-tuta-who-also-plays/ trademark the color red used http://test.wholenessthroughchrist.org.za/all-ralph-lauren-uk-free/ on the bottom of its high fashion high heeled women shoes, a court ruling shot them down, much to the relief of french fashion rival yves saint laurent, which sells its own line of red shoes.
Louboutin isn giving up, and last week, company lawyers appealed the ruling in a manhattan courtroom.Should a company be able to trademark a color in this case, louboutin red when color is http://www.beyondexcellent.asia/?p=39705 such an integral part of the fashion industry creativity?
Sense is that louboutin already the red bottoms on its shoes in the minds of consumers, says wharton marketing professor patti williams, who acknowledges that she is not an expert in trademark law.Part and parcel of the brand experience they deliver, and [it's how] the brand allows consumers to tell others that they are wearing louboutin shoes.Is to prevent other brands, both high and low, from appropriating that symbol for their own benefit, she adds.I not sure i see it as that different from brown trucks for ups.I sure ups wouldn want another delivery company to paint its trucks the exact shade of brown, even if the other company didn have the ups logo on them.In addition, says williams, she would expect that a ruling in louboutin favor apply to a very specific color of red, not all colors of red.Baker retailing center, agrees that red sole on luxury shoes has clearly been identified as the brand louboutin by many consumers and i think this brand is the only one to date that has used that color on the bottom of the shoe.She speculates that the earlier court ruling have been based on consumers' identifying the brand by the color of the sole.Take on the legal issue as to whether a brand can own this kind of identification is a function of how important the to the product class vs.The brand itself.I believe, for example, that a pair of surgical gloves was allowed to own the color purple because that was associated with its brand, had not been used by any other brands before them and was not material to the product class per se.Similarly, it would be a legal issue as to whether pink is associated with pepto bismol only, or with stomach medicine in general.If that is the case, then red soles could fit that definition because it doesn appear that any other shoe company has put red on the bottom of its shoes.That red sole, therefore, become associated with that luxury brand.By lawyers for both christian louboutin and yves saint laurent revolved around a few key points, according to an article last week in the wall street journal.Louboutin has created one of the more iconic trademarks of the 21st century, stated louboutin lawyer in the journal article.Turned a pedestrian item into a thing of beauty.Article also quoted a rebuttal from yves saint laurent lawyer:Need the full palette of colors available.In order to compete and compete fairly, we need red.The company does not want to be told that it make green, blue, purple shoes but [is prevented] from making red ones.
3:13AM 06/08/15